138 Former Judges Support Dismissing Dugan Case

Judge Hannah Dugan. Photo from Hannah Dugan for Judge.

More than 100 retired state and federal judges think the federal criminal case against Milwaukee County Circuit Court Judge Hannah Dugan should be dismissed.

Dugan is facing federal charges for allegedly obstructing a U.S. Immigration and Customs Enforcement (ICE) operation. Federal prosecutors allege that on April 18 she distracted federal immigration agents while attempting to shuttle a Mexican immigrant, Eduardo Flores-Ruiz, out of her courtroom. Flores-Ruiz was arrested outside of the courthouse shortly after and, a week later, Dugan was arrested by the FBI at the courthouse. Her arrest was widely publicized by members of President Donald Trump‘s administration and Trump appointed FBI Director Kash Patel.

An amicus brief, signed by 138 retired judges, was filed Friday in Dugan’s case. It was signed by judges from across the U.S. and from both sides of the political aisle; including former federal judges appointed by Presidents Jimmy Carter, Ronald Reagan, Bill Clinton and George H.W. Bush

The brief was filed by attorneys from Washington D.C. and Wisconsin, including Jeffrey Mandell of Law Forward, a Madison-based non-profit focused on protecting Democracy and democratic institutions.

“As former state and federal judges, proposed [friends of the court] are uniquely positioned to provide the Court with information on the broad-reaching implications of this indictment on courts and judicial officers, both state and federal, in our constitutional system of checks and balances,” the filing states.

The proposed implications mirror those laid out by Dugan’s own attorneys. Namely, that the prosecution threatens fundamental pillars of the judicial system and the U.S. manner of government. The case is raising concern about its implications for judicial immunity, a deeply rooted tradition older than the U.S., and the constitutional separation of powers.

As the court ultimately decided in the Trump case, immunity is not a defense from prosecution, rather it bars prosecution outright.

Looking at the evidence the federal government has so far marshalled in its prosecution of Dugan, the judges conclude her conduct seems in line with official acts of a judge. For that reason, she should be immune from prosecution.

“This enduring doctrine ensures a judge can juggle all their official acts and duties without fear of prosecution, thereby upholding the integrity and effectiveness of the entire legal system,” the brief said of judicial immunity.

The correct remedy for judicial misconduct, or abuse of “authority dedicated exclusively to the judiciary,” is not criminal prosecution, the judges argue. “It falls exclusively to the judiciary, not prosecutors, to investigate the purported mistake through the appellate process or judicial misconduct proceedings,” according to the brief.

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